2021 -- S 0131

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LC000288

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     Introduced By: Senators Bell, Calkin, Mendes, Lombardo, Mack, Anderson, Ciccone,
DiMario, Murray, and Cano

     Date Introduced: January 26, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-18-38 of the General Laws in Chapter 34-18 entitled "Residential

Landlord and Tenant Act" is hereby amended to read as follows:

     34-18-38. Eviction for unlawfully holding over after termination or expiration of

tenancy.

     (a) If the tenant remains in possession without the landlord's consent after expiration of the

term of the rental agreement or after the termination of a periodic tenancy, the landlord may

commence an eviction action, which may be filed no earlier than the first day following the

expiration or termination of the tenancy. The action shall be commenced by filing a "Complaint for

Eviction for Reason Other Than for Nonpayment of Rent," which shall be filed in the appropriate

court according to the form provided in § 34-18-56(e).

     (b) The summons shall be in the form provided in § 34-18-56(h) and shall specify that the

tenant has twenty (20) days from the date of service in which to file his or her answer to the

complaint, and that if he or she fails to file his or her answer within that time, he or she will be

defaulted. The matter may be assigned for hearing in accordance with the rules of procedure of the

appropriate court.

     (c) If the tenant's holdover is willful and not in good faith, the landlord may also recover,

in addition to possession, an amount not more than three (3) months' periodic rent or threefold the

actual damages sustained by him or her, whichever is greater, and reasonable attorney's fees. If the

landlord consents to the tenant's occupancy, the parties may agree to a definite term. If no term is

specified, the term shall be week-to-week if the tenant pays on a week-to-week basis, and in all

other cases, month-to-month.

     (d) If a tenant dies during the term of the rental agreement, the deceased's live-in caregiver

or any other person of at least eighteen (18) years of age residing in the dwelling unit shall be

permitted to continue the rental agreement for a period of time known as the post-death rental grace

period. Any such person residing in the dwelling unit who chooses to continue the rental agreement

shall be known as the grace period temporary tenant. The grace period temporary tenant shall pay

the rent agreed to in the rental agreement and assume all other obligations of the tenant. The length

of the post-death rental grace period shall be selected by the grace period temporary tenant and

shall not exceed three (3) months, unless the landlord consents to a longer period of time. The post-

death rental grace period shall not extend beyond the end of the term of the rental agreement. Rent

due for part of a month shall be prorated. Nothing in this section shall be construed to obligate the

deceased's live-in caregiver or any other person residing in the dwelling unit to continue the rental

agreement if they do not choose to do so. Nor shall any part of this section be construed to restrict

the ability of the landlord and dwelling unit resident(s) to enter into a new mutually agreeable rental

agreement.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

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     This act would permit those other residents of a residential dwelling unit to extend the term

of the rental agreement for a period not to exceed three (3) months after the death of the lessee.

     This act would take effect upon passage.

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